The daily herald. [volume] (Honolulu, Hawaiian Islands) 1886-1887, 1887-07-23

SCSlncu 10 De DOCKS, on the 'front.' seat
did not know how many or much there
we're; did not see them driven away;
driver said they were Mr.. Kanoa's
minister Of Finance) papers; did not
know If anyone was in Kanoa's office:
did not know what kind Of papers we're
slowed in pigeon holes in Mr. Kanoa's
office; had not been in his Uffice more
than half dozen times while he was
Minister Of Finance; swore out war
rant against Atkinson the day article
was published; remember remark coun-
sci Dole) made that publication was
an accident unknown to Atkinson, who
was willing to publish an apology; had
interview with Whitney day after pub
LEGATION, who gave him letter before re-
ferred to, in which the writer said he
knew nothing about the matter person.
ally.
Mr. Neumann asked to put the letter
in evidence, but Mr.. Dole objected and
was sustained.
Redirect examination Mr. Pratt
stated it was a mistake that he swore
the warrant out on day Of publication;
called on Mr.. Hatch that day but did
not swear to warrant till next day.
The Crown here rested.
Mr. Dole opened for the defense,
saying they should endeavor to prove
that defendant had no knowledge Of
the offensive article before It's publica
ton; also would attempt to prove
probable justification,
A. I. Atkinson, sworn: Stated that
he was editor Of the Gozcffe; all he
wrote for extra issue of July Ist was
report OF mass meeting and editorial
matter pointed out; got down town a
little after four O'Clock aiternoonj left
Office Immediately after entering to go
to Station when Gibson was arrested;
had tclephoned to different persons
connected with Gazette Office to have
article taken out.
Cross.examined No denial Of truth
Of charge in extra was made in any
subsequent issue Of Gazette; when he
was absent Mr. Whitney usually had
oversight Of important matters.
o. DO you know who wrote that
particular article
Mr.. Dole objected.
The Court ruled witness could
answer, but was not bound to do so.
Witness-lt was not usual for edi-
tors to give such information.
Redirect examina,ion-Wrote out q
statement OF his own knowledge Of
matter, and expressing regret which
he gave Mr.. Whiting Of prosecuting
counsel, who would not accept it, in
consequence Of which no article in re
traction appeared in the paper.
Robert Grieve, sworn: Was filing
vacancy as reporter on Gazette; wa,
such on July last; Atkinson was al
Office ull about $3.50 that morning
Whitney came to office shortly after 9
Atkinson prepared report Of meeting
and the editorials; Whitney was shown
all the news items, including the article
complained Of; that article was basec
on flying rumors about the streets
Whitney said let it go in; an article
prepared by Atkinson was crowded
out for want Of room; Atkinson came
back to office about 4 o'clock or lit
tie after.
Cross examined-Who wrote tn,
offensive artcle1
Mr.. Dole objected that witness wa
privileged not to answer the question
and the Court so ruled.
Witness Hare, their book-keepeT
came into the office with the report
his memory served him fairly, Nigh
not serve counsels purposes Qaughter)
| j. II. Hare, sworn: Was book
keeper at Office HaaOaiiaH Gasefft
agreed with other witnesses abou
Atkinson's visits to Office; was presen
when Grieve submitted article L
Whitney and mentioned Lesser q
owner Of hack; if he remembered
rightly Whitney said let it so or word
10 that effect
Mr.. Dole asked for the Court
opinion on evidence by way Of provin
truth of charge in alleged libel.
His Honor stated that if oounse
said the article was true, eyidenc
! could certainly be produced to sustain
that allegation,
VIM. Whigham and John f. Smith
r members of the Honolulu Rifles, VIII
E were on guard duty at the rear er
a trance Of the Government building
/; gave evidence Of hack, No. 80, tai
y ing away heaps of papers, looking Xix
+ public documents, on the goth Jun'
C and Of Messrs. Pratt and Walker b.
! ing at the entrance referred To on III
b occasion. Neither was ready to swe'
z that either of those gentlemen WI
S connected with the abstraction, and I
S evidence of the nature given by the'
d witnesses was disallowed, as stated b
d low, their testimony in detail is hel
a omitted.
c His Honor asked Mr.. Dole if b
o wanted to prove that Mr. Pratt took Il
g nanarc